M/S. Viom Networks Limited v. Greater Visakhapatnam Municipal Corporation,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9052 OF 2015 DATED:01.04.2015 Between:

M/s.VIOM Networks Limited (Formerly known as Wireless - TT Info Services Limited) represented by its Circle Head, V.N.Meenakshisundaram.

...Petitioner.

And Greater Visakhapatnam Municipal Corporation, Visakhapatnam, represented by its Commissioner.

... Respondent.

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9052 OF 2015 ORDER: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) We are of the view that we should not keep this matter pending and accordingly dispose of the same.

We are of the view that obviously, the Court will not decide the issue raised herein. It appears factually that without serving any notice proposing to impose the property tax or giving a hearing, the demand has been issued. We therefore, keep the notice of demand in abeyance till such time as we direct. We also direct the Commissioner to give notice to the petitioner inviting it to participate in the hearing. The petitioner would be free to raise all the contentions, as has been raised before us. It is such a case which can be considered and decided by the Commissioner alone and not by any one else. The Commissioner himself will decide the matter by passing a speaking order. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.

_______________________ K.J. SENGUPTA, CJ _______________________ SANJAY KUMAR, J 01.04.2015 GJ